Rome I—application and interpretation
Rome I—application and interpretation

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Rome I—application and interpretation
  • Purpose of Rome I
  • Relationship between Rome I and Rome II
  • Relationship between Rome I and the Rome Convention
  • When did Rome I come into force?
  • Which countries apply Rome I?
  • Reservations
  • Interpreting Rome I
  • When Rome I applies

Brexit: The UK's departure from the EU on exit day, ie Friday 31 January 2020, has implications for practitioners considering applicable law. For guidance, see: Cross border considerations—checklist—Applicable law—Brexit specific

This Practice Note provides an explanation as to when and why Regulation (EC) 593/2008, Rome I was introduced. It covers the implementation of Regulation (EC) 593/2008, Rome I and the countries which are signatories, and therefore subject to the regulation, and reservations made by different countries. The Practice Note then provides assistance on the interpretation of Regulation (EC) 593/2008, Rome I.

Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations, Rome I is referenced in this Practice Note as Regulation (EC) 593/2008, Rome I.

Purpose of Rome I

Recital [6] of Regulation (EC) 593/2008, Rome I sets out that the proper functioning of the EU Member States internal market creates a need::

  1. to ensure the recognition of decisions in civil and commercial matters

  2. to improve the predictability of the outcome of litigation as to the applicable law and the free movement of judgments

  3. for the conflict of laws rules for Member States to ensure that the same national law is designated regardless of the state in which the proceedings were brought

Regulation (EC) 593/2008, Rome I seeks to